BOWEN & WILLIAMS

The case of *Bowen & Williams* concerned a dispute between the mother and father regarding parenting arrangements for their child, C, and the division of their property. The mother sought to relocate with the child to New Zealand, which the father opposed. The court was required to determine the practicalities and implications of such a relocation, particularly in relation to the child spending substantial and significant time with the father, and to make final orders concerning both parenting and property.

The primary legal issues before the court were whether the mother should be permitted to relocate the child to New Zealand, and if so, what parenting arrangements would be in the child's best interests. The court also had to consider the division of the parties' property, taking into account the parenting orders and the respective earning capacities of the parties. The court was also asked to consider whether any part of its function had been discharged irrevocably, in relation to an application to re-open an unperfected judgment, and whether further evidence was required to determine the impact of relocation on substantial and significant time.

Justice Tree found that it was not reasonably practical for the father to move to New Zealand due to scant employment opportunities. Consequently, the court ordered that the mother be restrained from changing the child's residence from the greater Brisbane area without the father's written consent or a court order. The court also made detailed orders regarding equal shared parental responsibility, specific parenting time arrangements, school holidays, special occasions, and overseas travel. In relation to property, the court ordered the transfer of a property to the father, with the father to make a cash payment to the mother to reflect her entitlement to 60 per cent of the net property pool. The court also declared the sole ownership of various assets and liabilities to each party.